Open Carry in Mississippi with a Permit?

This is a discussion on Open Carry in Mississippi with a Permit? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a Firearms Permit in MS and am a resident. I have also consulted the map on www.opencarry.org; however, I am unsure as to ...

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Thread: Open Carry in Mississippi with a Permit?

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    New Member Array cowboy615's Avatar
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    Open Carry in Mississippi with a Permit?

    I have a Firearms Permit in MS and am a resident. I have also consulted the map on www.opencarry.org; however, I am unsure as to if this is legal or not. Some of the police around here say it is legal and some do not. I was wondering is there a way to find out that isn't online short of calling the police chief in person? I trust what some of the posts say but then again, it is still just word of mouth. Anyone know the facts?

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    VIP Member Array Guantes's Avatar
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    Call the chief and the DA.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    Member Array gruntingfrog's Avatar
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    Although I agree you should call the DA to be sure, I found the following on opencarry.org.

    Mississippi is an open carry state and the state constitution appears to guarantee this right. Further, localities are generally preempted under state law from enacting local gun control ordnances that might restrict open carry. However, Miss. Code 97-37-1 & 45-9-101 operate together to ban carriage of a handgun "concealed in whole or in part" unless the carrier is inside a motor vehicle or possesses a License to Carry a Concealed Pistol or Revolver. As the Mississippi courts have said that a handgun in a holster is concealed in part, a License to Carry a Concealed Pistol or Revolver is required to openly carry a handgun in a holster in Mississippi.
    Mississippi Constitution - Article 3, Section 12:
    The right of every citizen to keep and bear arms in defense of his home, person, or property, or in the aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.
    The fact that the constitution specifies the regulation of carrying concealed weapons and not the carrying of weapons in general appears to allow open carry.
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    VIP Member Array cdwolf's Avatar
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    Quote Originally Posted by gruntingfrog View Post
    Although I agree you should call the DA to be sure, I found the following on opencarry.org.





    The fact that the constitution specifies the regulation of carrying concealed weapons and not the carrying of weapons in general appears to allow open carry.
    Correct, the A.G. Ruled a holster conceals part of the gun, which is why we must have a permit now to open carry.
    GUN CONTROL= I WANT TO BE THE ONE IN CONTROL OF THE GUN

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by cdwolf View Post
    Correct, the A.G. Ruled a holster conceals part of the gun, which is why we must have a permit now to open carry.
    The ignorance of intelligent people is astounding, if this is true. I guess your hand would conceal part of it if you were holding it.
    I prefer to live dangerously free than safely caged!

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    VIP Member Array Guantes's Avatar
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    These people are dumber than rocks. I recall reading in an earlier thread that a weapon carried on your right side would be concealed from anyone on your left side and vice versa, so the only way to carry unconcealed would be on top of your head.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by Guantes View Post
    These people are dumber than rocks. I recall reading in an earlier thread that a weapon carried on your right side would be concealed from anyone on your left side and vice versa, so the only way to carry unconcealed would be on top of your head.
    Without a holster. Is that what the Glock lanyard hole is for?
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

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    Member Array gruntingfrog's Avatar
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    Quote Originally Posted by Guantes View Post
    These people are dumber than rocks. I recall reading in an earlier thread that a weapon carried on your right side would be concealed from anyone on your left side and vice versa, so the only way to carry unconcealed would be on top of your head.
    No, you have to tie a cord to the trigger guard and swing it around your head. Otherwise, someone who is on the ground below you may not see it.
    Everybody has a plan until they get punched in the face.
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    Member Array gruntingfrog's Avatar
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    Quote Originally Posted by cdwolf View Post
    Correct, the A.G. Ruled a holster conceals part of the gun, which is why we must have a permit now to open carry.
    I saw that finding. It sounds to me like someone's trying to find a way to ban open carry any way possible. If the law doesn't support you, twist the words to fit your desires.
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    Ex Member Array Snatale42's Avatar
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    Quote Originally Posted by cowboy615 View Post
    I have a Firearms Permit in MS and am a resident. I have also consulted the map on www.opencarry.org; however, I am unsure as to if this is legal or not. Some of the police around here say it is legal and some do not. I was wondering is there a way to find out that isn't online short of calling the police chief in person? I trust what some of the posts say but then again, it is still just word of mouth. Anyone know the facts?
    Per my Travelers guide to the firearms laws of the 50 states (2010 book): Open Carry: generally limited to legitimate, firearms-related activity

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    Member Array libertyrules's Avatar
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    We have a couple of threads going on the topic of MS carry laws (obscure/ambiguous) at www.msgunowners.com

    We have a very knowledgeable MS lawyer on our forum, who will be leading this discussion/plan of action to get the legislature "to statutorily define what is open and what is concealed". He has written a comprehensive, interpretive summary of Ms statues on carry laws, A Concise Summary of Mississippi Weapons Laws

    We are determined petition the legislature to define what is concealed and what is open, and to also specifically allow open carry. The laws as written place an unnecessary burden on law enforcement to make "roadside interpretions", while making citizens unsure of their rights.

    You are welcome to join our forum and take part.

    Libertyrules
    "The right of self-defense is the first law of nature..."

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